Alabama Death Row Inmate Executed Despite Claim of Cruel and Unusual Punishment
Alabama death row inmate James Barber was executed early Friday morning after the US Supreme Court denied his request for a stay, despite his claim that lethal injection could result in cruel and unusual punishment.
Barber was sentenced to death for the 2001 murder of 75-year-old Dorothy Epps. His execution took place at 1:56 a.m. CT Friday at the William C. Holman Correctional Facility in Atmore, according to a statement from Alabama Attorney General Steve Marshall.
Marshall stated, “Justice has been served. This morning, James Barber was put to death for the terrible crime he committed over two decades ago: the especially heinous, atrocious, and cruel murder of Dorothy Epps. I ask the people of Alabama to join me in praying for the victim’s family and friends, that they might now be able to find some sense of peace and closure.”
During his appeals process, Barber requested a US District Court to prevent the state from executing him by any method other than nitrogen hypoxia, an alternative to lethal injection that is allowed under Alabama law but has yet to be used.
Barber argued that an execution by lethal injection would violate his rights under the Eighth Amendment, citing three allegedly botched executions in Alabama last year. Barber’s attorneys claimed that Department of Corrections officials struggled to set intravenous lines in the condemned inmates’ veins to deliver the fatal drugs.
One of those executions resulted in the death of the inmate, while the other two were called off due to time constraints caused by late-night court battles. These incidents prompted Governor Kay Ivey to request a “top-to-bottom review” of Alabama’s lethal injection protocol.
In February, Ivey announced that executions could resume after the Department of Corrections completed its review and implemented several steps to address issues with the lethal injection protocol, including expanding the execution team and conducting rehearsals to ensure staff were well-trained.
Barber’s execution on Friday came after the US Supreme Court upheld the decisions of two lower courts to proceed with carrying out his death. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented from the denial of application for a stay.
Barber argued that Alabama had not made any meaningful improvements to their lethal injection protocol, other than expanding the execution window. His attorneys claimed that his elevated body mass index made it more difficult to access his veins, putting him at risk of suffering a failed lethal injection.
Barber had requested to be put to death by nitrogen gas, an alternative execution method approved by the state legislature. However, the state has not finalized its protocols for this method.
The US District Court for the Middle District of Alabama denied Barber’s motion, leading his attorneys to appeal to the 11th Circuit. However, the 11th Circuit upheld the district court’s decision, stating that Barber’s claim of suffering the same problems as previous inmates was “purely speculative” in light of the Department of Corrections’ newly implemented changes.
Barber’s execution marks the first since the state’s review of its lethal injection protocol.
CNN’s Emma Tucker and Aya Elamroussi contributed to this report.
What were the reasons behind Doyle Lee Hamm’s lawyers arguing that the failed lethal injection attempt constituted cruel and unusual punishment?
That Barber referred to was that of Doyle Lee Hamm, who was scheduled to be executed in February 2018. Hamm’s execution was postponed after medical personnel were unable to locate a suitable vein for the lethal injection. The execution was eventually called off, and Hamm’s lawyers argued that the failed attempt constituted cruel and unusual punishment.
Barber argued that if the state was unable to carry out a successful lethal injection in the past, there was a risk that he would endure a similar botched execution, causing unnecessary pain and suffering. However, his request for a stay was denied by the US Supreme Court, and Barber was executed as scheduled.
The use of lethal injection as a method of execution has been the subject of controversy and legal challenges in recent years. Critics argue that it can cause extreme pain and suffering, in violation of the prohibition on cruel and unusual punishment under the Eighth Amendment. Several states have faced difficulties in obtaining the drugs used in lethal injections, leading to concerns about the efficacy and humane nature of the procedure.
Despite these concerns, the use of lethal injection remains the primary method of execution in many states, including Alabama. Barber’s case highlights the ongoing debate surrounding the constitutionality and humanity of the death penalty in the United States.
With Barber’s execution, the state of Alabama continues its practice of capital punishment, while opponents of the death penalty argue that it is a cruel and unnecessary form of punishment that should be abolished. The controversy surrounding lethal injection and its potential for cruel and unusual punishment will likely continue to be a significant issue in the legal and ethical discussions surrounding the death penalty.
“Another tragic reminder of the ongoing debate surrounding lethal injection. The controversy needs to be thoroughly addressed to ensure justice is served without unnecessary suffering.”
It is disheartening to see Alabama move forward with James Barber’s execution despite the ongoing controversy surrounding lethal injections. A thorough investigation into these concerns is needed to ensure justice is served in a more humane manner.